This is a further decision that confirms that
business-related aspects of the claimed subject-matter cannot
contribute to
inventive step. Here
are the practical takeaways from the decision T 0426/16 of 17.9.2020 of Technical Board
of Appeal 3.4.03:
Key takeaways
Remember that the so-called "contribution approach",
taking into account prior art when determining whether
subject-matter was excluded under
Art. 52(2) and
(3) EPC 1973, is abandoned (Case Law of the Boards of
Appeal of the European patent office, I.A.1.4.1 a) and b)
It must be clear from the wording of the claim or the
application that technical means must actually be used to carry out
a method step.
The invention
